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WSPC02962
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Last modified
1/26/2010 11:33:15 AM
Creation date
10/9/2006 3:40:31 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8064
Description
Indian Water Rights
State
CO
Basin
San Juan/Dolores
Date
4/4/1986
Title
Briefing Paper in Support of the Agreement in Principle of March 14, 1986
Water Supply Pro - Doc Type
Publication
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<br />~~ <br /> <br />4199 <br /> <br />(expressed in the 1985 Supplemental Appropriations Act) to <br />develop a reasonable arrangement for cost sharing satisfactory to <br />the Secretary of the Interior for the construction of t~e <br />Animas-La Plata Project. The State of New Mexico has also <br />indicated that its water users will participate in the proposed <br />up front financing/cost sharing arrangement. The non-federal <br />~ contribution equals $238,200,000, as specifically set forth in <br />Table 4 at p.13, consisting of cash contributions, the staging of <br />certain project components, the assumption of certain features as <br />non-federal responsibilities, and the present worth of local <br />water users repayments of federal reclamation law obligations. <br />The-non federal contribution of $238,200,000 represents 38% of <br />the combined costs of the construction of the Animas-La Plata <br />Project and the settlement of the Winters rights claims of the <br />Tribes. Attached to this briefing paper is Table 4 from the <br />Agreement in Principle showing the up-front financing/cost <br />sharing commitments embodied in the Agreement in Principle. <br /> <br />The parties have also agreed, as a critical part of the <br />Agreement in Principle, to the provision of development funds for <br />the benefit of the two Tribes. Of the $60,500,000 required for <br />the two Tribes, $11,000,000 will be contributed by the State of <br />Colorado. Significantly, $6,000,000 of the $11,000,000 State of <br />Colorado contribution to the Tribes' development funds was <br />authorized and appropriated by the Colorado Legislature during <br />the week of March 31, 1986 and now awaits Governor Lamm's <br />signature. The development funds first provide the means by <br />which the Tribes may actually develop their irrigable lands, <br />including the lands to be served from the Animas-La Plata and <br />Dolores Projects. Second, they represent at least partial <br />compensation to the Tribes for the United States past failures to <br />fulfill its fiduciary obligations. Third they represent a desire <br />by the State of Colorado to assist the Ute Indians in the <br />development of their Reservations. Finally, the establishment of <br />the funds carries forth the expectation that the Winters rights <br />doctrine should provide some measure of concrete benefits to the <br />Tribes. <br /> <br />In order to implement the Agreement in Principle, federal <br />and state legislation will be required. In addition, the <br />Secretary and the non-federal contributors to the ALP must <br />execute documents governing the provision of local and state <br />funds in accordance with the terms of the Agreement. The State <br />court must also adopt a consent decree consistent with the <br />Agreement. Finally, ALP beneficiaries must enter into repyament <br />contracts with the Secretary which reflect the terms of the <br />Agreement. <br /> <br />3 <br /> <br />. <br />
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